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Federal Arbitration Act Arbitration National Labor Relations Board

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Locke Lord LLP

Hoopla Over Arbitration of IC Misclassification Cases Makes Little Sense: October 2023 ‎IC Legal News Update

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Companies can use two independent grounds to compel arbitration of independent contractor misclassification lawsuits: the Federal Arbitration Act (FAA) and state arbitration laws. The FAA, however, includes an exemption for...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Seyfarth Shaw LLP

Policy Matters Newsletter - February 2023

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Groundhog Day: Second Proposed Wage and Hour Boss Stuck By Senate HELP. After the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage and Hour Division (“WHD”)...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2022

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Annnnd We're Back: Legislative Update. We appreciate this audience bearing with us as this newsletter has been on a short hiatus in light of some scheduling issues. During that brief respite numerous different pieces of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2022 #4

The U.S. Senate Committee on the Judiciary held hearings this week on Judge Ketanji Brown Jackson’s nomination to be an associate justice of the Supreme Court of the United States. Republican senators focused on Judge...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

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As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Says Goodbye to At-Will Employment for the Fast Food Industry

On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

CDF Labor Law LLP

[Webinar] How the New Biden/Harris Administration is Likely to Affect California Employers - January 27th, 9:30 am PT

CDF Labor Law LLP on

For the last four years, California employers have mostly been focused on changes in state and local law, as the Trump administration has done little to regulate employers. Later this month, when the administration changes in...more

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Locke Lord LLP

Year in Review: Notable 2019 Decisions Impacting Arbitration Agreements

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2019 saw courts issue several significant decisions that have implications for employers nationwide who rely on arbitration agreements with their workforce. The nation’s highest court decided a trio of cases in the first...more

Faegre Drinker Biddle & Reath LLP

NLRB Offers Employers Guidance on Imposing Class Action Waivers After Being Sued

On August 14, 2019, the National Labor Relations Board (NLRB) issued a decision in Cordua Restaurants, Inc., 368 NLRB No. 43, expanding upon the U.S. Supreme Court’s Epic Systems v. Lewis ruling last year regarding collective...more

Orrick - Employment Law and Litigation

It’s Never Too Late: NLRB Rules Employers Can Update an Existing Mandatory Arbitration Agreement to Include a Class or Collective...

Arbitration agreements are a powerful tool in resolving employment actions. As we noted last year, the U.S. Supreme Court ruled in a landmark case that employers can use class and collective action waivers in mandatory...more

Hinshaw & Culbertson LLP

NLRB Serves Up Guidance for Restaurants on Mandatory Arbitration Agreements in Post-Epic Systems Era

The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more

ArentFox Schiff

The National Labor Relations Board Issues Employer-friendly Arbitration Ruling

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In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign...

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

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May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Epiq

Supreme Court Limits Individual Arbitration Agreement Enforcement

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When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp....more

Mintz - Arbitration, Mediation, ADR...

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a contractual waiver of “class arbitration” unenforceable, it provided an extensive...more

Polsinelli

Class Action Waivers: The Law of Unintended Consequences

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In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

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